Assurance of protection encourages whistleblowers Posted: July 22, 2014 |
Whistleblowing cases are changing the nature of the workplace in America. Whistleblowing doesn't limit itself to cases of fraudulent activities against the Government. Now the private sector is witnessing an increasing rate of accusations by whistleblowers. The person who raises the alarm can be an employee, an ex-employee, a contractor, a consumer or virtually anyone who first draws the attention of the respective authority for the case. Some of the subjects of whistleblower claims are:
Studies show that the number of whistleblowing cases is reaching an all-time high. According to OSHA, whistleblowing cases in New York rose to 2,787 in the year 2012, up from 2,648 in 2011. Nevertheless, employees are still in fear of jeopardizing their livelihood by reporting such cases to the authorities, Government or media. Some Whistleblowers Who Shaped History
Protection of Whistleblowers Those who call attention to fraudulent activities in the organization they work for needn’t be afraid of being fired. Congress has passed a number of laws, including the Sarbanes Oxley Act of 2002, that protect an employee and his or her interests. If the company you are working for unlawfully terminated you, they will have to face serious consequences. There are several other federal laws that protect employees who complain of discrimination or harassment in the workplace. This is also true in the cases of:
There are additional federal laws that protect the interests of employees who report wrongdoings in an organization. Roadblocks to Whistleblowing Some Government and private organizations require employees to sign Non-disclosure Agreements (NDA) or workplace secrecy agreements to ensure that they don't leak any information of the company. But this can also be a violation of the First Amendment. For obvious reasons, employees find it offensive. A non-disclosure agreement is a traditional tool to prevent employees from going to competitors with confidential information. Some may argue that the employees who disclose such information are disloyal. But an attorney representing a whistleblower may persuade the court that the disclosure was actually for a greater cause and in the public interest. Bert Louthian has been helping whistleblowers in South Carolina for over four decades. This is but one of the areas of personal injury law Herb focuses on.
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